This property has operated as a dairy-processing facility since the 1920s, with Consolidated Dairy Products Company beginning operations in 1952 and underground storage tanks installed from that year onward to fuel the facility's fleet of tractor-trailer trucks. Cleanup activities to date have included multiple UST removals, excavation of over 8,000 tons and 450 cubic yards of petroleum-impacted soil, recovery of 850 gallons of free-phase product, and pumping and treatment of 44,000 gallons of contaminated groundwater. An air sparging and soil vapor extraction system was installed in 2008, in-situ oxidation agents were applied in 2011, and groundwater monitoring has been ongoing since 2013. Remediation is expected to continue for an estimated 10 to 30 years, with additional soil excavation and chemical injections proposed. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
Pre-1986 Commercial General Liability (CGL) policies were occurrence-based and did not contain an effective pollution exclusion in Washington. If contamination occurred while those policies were active, those historical insurance carriers may still have a legal obligation to fund the cleanup costs, even if the business closed or the property changed hands.
Petroleum contamination at this site originated from underground storage tanks installed beginning in 1952 — more than three decades before occurrence-based CGL policies gave way to claims-made forms with absolute pollution exclusions. The presence of lead in soil and groundwater points to releases of leaded gasoline during an era when those policies carried no effective pollution exclusion under Washington law. Decades of documented remediation expenditures and a cleanup horizon stretching years into the future represent costs that historical carriers may be obligated both to reimburse and to continue funding.
Restorical's role is to locate viable historical policies, determine whether a successful coverage claim is possible, and assist our clients and their legal counsel to obtain insurance coverage. Restorical then manages the claim, including accounting, to ensure the cleanup is funded in a timely manner.
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Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.